Simplified Explanation of the Judgment
In a significant decision, the Patna High Court has upheld the dismissal of a government cashier from service for misappropriation of public funds. The case revolved around serious charges of financial irregularities in the Sone Canal Division under the Water Resources Department, Government of Bihar.
The deceased government employee (referred to here as the “original respondent”) was a cashier accused of failing to deposit a substantial amount—over ₹2.66 lakh—into the treasury and of not maintaining or handing over key financial records, including the cash book and cheque book. Following this, an FIR was registered, and a departmental inquiry was launched.
The inquiry revealed large-scale defalcation of government funds, prompting the authorities to suspend the employee and later dismiss him from service. The employee challenged the dismissal through a writ petition, which was initially allowed on procedural grounds, as he was in judicial custody and unable to participate in the inquiry.
After revisiting the inquiry per the High Court’s earlier directive, the disciplinary authority again found him guilty and re-imposed the dismissal. This second dismissal was challenged once more, and the matter eventually reached a learned Single Judge, who ruled that while the charges were serious and substantiated through documentary evidence, the punishment of dismissal was “excessive” and remanded the case for reconsideration of the quantum of punishment.
However, on appeal, a Division Bench of the High Court overturned this ruling. The appellate court held that the learned Single Judge had clearly accepted the validity of the departmental proceedings and acknowledged the availability of sufficient documentary evidence proving the misconduct. Therefore, there was no justification to interfere with the disciplinary authority’s decision.
The appellate court emphasized that courts should not substitute their judgment for that of the disciplinary authority unless the punishment is so disproportionate that it shocks the conscience of the court—a principle well-established in administrative law. Since the financial misconduct was grave and involved public funds, the punishment of dismissal was deemed appropriate.
Significance or Implication of the Judgment
This judgment reinforces the principle that disciplinary proceedings within government departments must be respected by courts unless there is clear evidence of procedural unfairness or disproportionate punishment. For the general public, this ruling underscores the judiciary’s commitment to safeguarding public funds and maintaining accountability in government offices.
It also highlights the limited role of judicial review in such matters, where courts defer to the specialized understanding and discretion of disciplinary authorities, especially in financial misconduct cases.
Legal Issue(s) Decided and the Court’s Decision
- Whether the punishment of dismissal was valid despite earlier procedural lapses?
- Yes, the dismissal was upheld after due process was followed as per earlier court direction.
- Did the High Court have grounds to interfere with the disciplinary authority’s quantum of punishment?
- No, the Division Bench held that the punishment was appropriate given the serious nature of the charges.
- Was there any procedural illegality in the departmental proceedings?
- No, both the Single Judge and Division Bench found the procedure to be legally sound.
- Was the punishment of dismissal disproportionate?
- No, the court ruled that the punishment matched the severity of the misconduct.
Judgments Referred by Parties
- None specifically mentioned.
Judgments Relied Upon or Cited by Court
- B.C. Chaturvedi v. Union of India, (1995) 6 SCC 749
- Union of India v. G. Ganayutham, (1997) 4 SCC 436
Case Title
The State of Bihar & Others v. Heirs of Deceased Government Employee
Case Number
LPA No. 1358 of 2017 in CWJC No. 17091 of 2008
Citation(s)
2020 (1) PLJR 156
Coram and Names of Judges
Hon’ble Mr. Justice Ashwani Kumar Singh
Hon’ble Mr. Justice Anil Kumar Sinha
Names of Advocates and who they appeared for
Mr. Kunal Tiwary — For the Appellants (State of Bihar)
Mr. Hemendra Prasad Singh, Sr. Adv. with Mr. Surj Bansh Roy — For the Respondents
Link to Judgment
https://patnahighcourt.gov.in/viewjudgment/MyMxMzU4IzIwMTcjMSNO-ZxUB2z–ak1–Y7hU=
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